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(영문) 춘천지방법원 속초지원 2013.11.06 2013고단325
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 1.5 million on April 3, 2007 and a fine of KRW 2.5 million on October 26, 201 in the early branch court of Chuncheon District Court for a violation of the Road Traffic Act.

On August 6, 2013, the Defendant violated Article 44(1) of the Road Traffic Act at least twice as stated in the above criminal records, and driven a BP car without a driver’s license, from the parking lot of Japanese contact car located in the Gosung-gun of Gangwon-gu, Gangwon-do to the front road of the Mancheon-si, 01:15 on the same day, at approximately 8km from the 8km section from the 0.174% section of the blood alcohol concentration to the front road of the Mancheon-si, Young-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of three copies of summary orders;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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